A Carroll man has filed a request for post-conviction relief on a 2017 first-offense operating while intoxicated charge, which cites the credibility of the arresting officer. On June 4, 2017, 36-year-old Myles Collins Johnson of Carroll was arrested by Jacob Smith, a former Carroll Police Department officer, following a traffic stop for a malfunctioning license plate lamp. A preliminary breath test conducted later during the stop showed Johnson had a .193 blood alcohol content (BAC). Johnson was convicted in October of 2017 and sentenced to pay nearly $1,700 in fines and surcharges, complete a 48-hour alcohol education program, obtain a substance abuse evaluation and enroll in the Drinking Driver’s School. According to court records, the request for relief claims the light was functioning at the time and Smith unlawfully expanded the scope of the stop by questioning Johnson about his drinking. Based on the credibility of the investigating officer, a motion to suppress evidence was denied in July of 2017. It is now in question after evidence was presented from depositions obtained in a dismissed libel lawsuit filed by Smith against the Herald Publishing Company and its reporter, Jared Strong. Johnson’s request for post-conviction relief will be heard at the Carroll County Courthouse on July 12. An additional hearing is slated for July 26.
